Court allows appeal against excessive disqualification period, reducing it to the time served.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe court allowed the appellant's appeal against the excessive disqualification order, reducing the remaining period to match the time already served. The appellant argued the sentence was wrong in principle, while the prosecution conceded that disqualification is part of the sentence based on Stylianou v. The Police. Consequently, the court discharged the order from the date of judgment, effectively limiting the disqualification to the two months already completed.
Regesto Legislator
Generato dall'IAMotor Vehicle Regulations 1959; s. 3(1)(2) of the Motor Vehicles (Third Party Insurance) Law: A disqualification order forms part of the sentence and must be treated as such; if the period imposed is manifestly excessive, the court may allow the appeal by limiting the disqualification to the time already served.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*1202] 1965 November 19
(VASSILIADES, TRIANTAFYLLIDES, MUNIR,JJ.)
APPELLATE JURISDICTION
Kypros Nicolaou,
Appellant,
v.
The Police,
Respondents.
(Criminal Appeal No.2794).
Criminal Law - Motor Traffic - Appeal against sentence - Mainly against part consisting of a disqualification order - A disqualification order forms part, of sentence - Stylianou v. The Police, Criminal Appeal 2446* followed - Period of disqualification order limited.
Charge: 3rd Count: Permitting a person to drive a motor vehicle without driving licence contrary to Regulations 27(l) and 66 of the Motor Vehicle Regulations, 1959.
4th Count: Permitting a person to use a motor vehicle on a road without having in force a policy in respect of Third Party Risks contrary to section 3(l)(2) of the Motor Vehicles (Third Party Insurance) Law, Cap. 333 (as amended by Law 7 of 1960).
Sentence and Date: £1 .500 mils fine on count
3 and £10.000 mils fine on count 4. Accused further disqualified from driving or obtaining a driving licence for a period of 6 months from 21.9.1965. 21 .9.1965.
Nature of Appeal: Appeal against sentence.
Ground of Appeal: The sentence imposed was manifestly excessive and/or wrong in principle.
C. Phanos, for the Appellant.
Ach. Frangos, Counsel of the Republic, for the Respondents.
JUDGMENT
The Judgment of the Court was delivered by: -
VASSILIADBS. J.: This is an appeal against sentence in a road traffic case, mainly directed against the part of the [*1203] sentence consisting of a disqualifcation order. The appellant was disqualified for a period of six months from holding or obtaining a driving licence in addition to the fine imposed.
We wish to express our appreciation for the assistance received from counsel on both sides in this case. Counsel for the appellant on the one hand, confined himself to the part of his client’s case which could be reasonably argued; and kept to the substance of his argument. Counsel for the Republic on the other hand, taking the proper course for a lawyer handling the case of a public authority, conceded, very rightly in our opinion, that on the authority of Stylianou v. The Police. Criminal Appeal 2446, decided on the 3rd. July, 1962, a disqualification order forms part of the sentence and should be treated accordingly. Upon that basis, learned counsel frankly agreed, quite rightly, we think, that he could not very well support the disqualification order in the circumstances of this case.
Bearing in mind that about one third of the period, i.e. two months, have already ran from the 21st September, when the order was made, we allow the appeal to this extent, limiting the period of disqualification from the 21st September to the present day, and discharging the order as from today.
There will be judgment and order accordingly.
* Decided on 3rd July, 1962; not yet reported
Counts 1 and 2 concerned a co-accused of Appellant, his wife, who was driving with Appellant sitting next to her.